Fortis Hospital told to pay Rs 50L for negligence

Holding guilty of medical negligence, the District Consumer Disputes Redressal Commission, Chandigarh, has directed Fortis Hospital in Mohali and its doctor to pay Rs 50-lakh compensation along with interest at the rate 9% per annum to a woman whose husband died during treatment at the hospital.

The commission passed the order on a complaint filed by Priyanka Sharma, widow of deceased Harit Sharma. In her complaint, she claimed that her husband, an advocate, was admitted to the hospital in 2021 with acute gastric problem.

Before admitting him, the hospital conducted his Covid test, which was found negative. Since there were restricted visiting hours at the hospital, only one visitor was allowed to visit the patient during the entire identified visiting hours. When she visited her husband between 12.30 pm and 1 pm on July 29, 2021, she was told that her husband had recovered from the gastric problem and given improvement in his condition, he desired to be shifted to a private ward from the ICU. However, he was kept in the ICU on the pretext that ascites was to be removed from his stomach, said the complainant.

Tapping was done on the patient on July 28 and 30. However, due to negligence in carrying out tapping, his oxygen level came down drastically and he had to be put on oxygen support.

As Harit was fully conscious despite being on the oxygen support, he overheard the conversation between the hospital Director and doctors that tapping had been wrongly done upon him and it would be carried out again. When she went to see her husband during the visiting hours the next day, she found he was unable to speak due to mask, but made signs asking for a pen and a paper. He wrote on a paper conveying to her about what happened with him at the time of tapping for removal of ascites. He wrote the note with a shaky hand. In fact, it was a dying declaration by the patient, she said.

On August 2, she was informed that her husband had died.

Refuting the allegations, the hospital authorities claimed that there was no negligence on its part and there was no expert evidence to prove the negligence.

After hearing the arguments, the commission said the opposite party (hospital) was liable not only to medical negligence but also deficiency in service as well as unfair trade practice. It said in view of the fact, the opposite party is directed to pay a lump sum compensation of Rs 50 lakh along with interest at the rate 9% per annum from the date of the patient’s death.